Preview
PAS-L-000983-22 08/05/2022 Pglof5 Trans ID: LCV20223087375
Case 2:22-cv-02912-ES-CLW Document 23 Filed 08/02/22 Page 1 of 1 PagelD: 818
UNITED STATES DISTRICT COURT
for the District of New Jersey [LIVE]
Newark, NJ
JUAN ESTRELLA
Plaintiff,
Vv. Case No.: 2:22—cv—02912—ES—CLW
CITY OF UNION CITY, et al.
Defendant.
RECHIVED & FILED
Superior Court of New Jersey
Clerk, Superior Court of New Jersey AUG 05 2022
Passaic County Courthouse
77 Hamilton Street PASSAIC COUNTY
Paterson, NJ 07505-2017
State No: PAS—L-00983-22
Dear Clerk of Court:
Enclosed please find a certified copy of the Order remanding the above entitled
matter to your Court.
Very truly yours,
William T. Walsh, Clerk
By Deputy Clerk, mxw
encl.
cc: All Counsel
PAS-L-000983-22 08/05/2022 Pg2of5 Trans ID: LCV20223087375
Case 2:22-cv-02912-ES-CLW Document 22 Filed 08/02/22 Page 1 of 4 PagelD: 814
David V. Calviello, Esq. (No. 010141997)
Niko J. Rydelek, Esq. (No. 202162017)
CALCAGNI & KANEFSKY, LLP
One Newark Center
1085 Raymond Boulevard - Floor 14
Newark, New Jersey 07102
(1): (862) 397-1796
(B): dealviello@ck-litigation.com
(E): nrvdelek@ck-litigation.com
Attorneys for Defendants City of Union of City, Brian P. Stack, Nichelle Luster, and Union City
Police Department
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Juan Estrella, Case No.: 2:22-cv-2912-ES-CLW
Plaintiff, Civil Action
vs. STIPULATION OF REMAND TO THE
SUPERIOR COURT OF NEW JERSEY
City of Union City, Brian P. Stack individually
and as Mayor of the City of Union City,
Nichelle Luster individual capacity and as
Chief of Police of the City of Union City,
Union City Police Department,
Defendants.
THIS MATTER having been opened to the Court on the application of Plaintiff and
Defendants for a stipulation to remand Plaintiffs Redacted Amended Verified Complaint and Jury
Demand, filed on July 15, 2022 [ECF No. 14], to the Superior Court of New Jersey, Passaic
County; and
WHEREAS, on or about, April 20, 2022, Plaintiff commenced this action against
Defendants by filing a Complaint in the Superior Court of New Jersey, Passaic County, PAS- L-
000983-22 (hereinafter “State Court Action”); and
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WHEREAS, on or about May 19, 2022, Defendants removed the State Court Action to the
United States District Court for the District of New Jersey due to the federal claims contained
therein; and
WHEREAS, on or about June 17, 2022, Plaintiff filed a motion for leave to amend the
complaint and to remand the case to the State of New Jersey, Superior Court, Passaic County,
eliminating the federal claims and causes of action, and including a Proposed Amended Complaint
and Jury Demand; and
WHEREAS, on or about June 22, 2022, Defendants filed an emergent application to seal
and/or redact Plaintiff's Proposed Amended Complaint and Jury Demand [ECF No. 10]; and
WHEREAS, on or about June 22, 2022, the Court denied Defendants’ motion for an order
to seal Plaintiff's Proposed Amended Complaint and Jury Demand and entered its own initiated
Temporary Order to Seal Plaintiff's Proposed Amended Complaint and Jury Demand leaving the
motion as moot; and
WHEREAS, on or about June 23, 2022, the parties participated in a conference with the
Court resulting in a Text Order [ECF No. 12], issued that same day, setting forth procedures to
remand the case to State Court; and
WHEREAS, on or about July 6, 2022, Plaintiff filed a Redacted Amended Verified
Complaint and Jury Demand with this court; and
WHEREAS, Plaintiff and Defendants acknowledge that the Redacted Amended Verified
Complaint and Jury Demand filed on July 6, 2022, does not allege a cause of action or claims
arising under federal law, or otherwise seek relief pursuant to federal law, specifically claims under
Title VII ofthe Civil Rights Act of 1964 and 42 U.S.C. § 1983; and
PAS-L-000983-22 08/05/2022 Pg4of5 Trans ID: LCV20223087375
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WHEREAS, Plaintiff and Defendants agree that Plaintiff will not raise federal claims once
the matter is remanded to State Court; and
WHEREAS, on or about July 12, 2022, the parties met and conferred regarding the
Redacted Amended Verified Complaint and Jury Demand filed on July 6, 2022, and agreed to
consider further redactions to the Redacted Amended Verified Complaint and Jury Demand; and
WHEREAS, on or about July 15, 2022, the Plaintiff filed a mutually accepted Redacted
Amended Verified Complaint and Jury Demand [ECF No. 14]; and
WHEREAS, on or about July 15, 2022, Defendants filed an application with this court to
seal and/or redact Plaintiff's Redacted Amended Verified Complaint filed on July 6, 2022; and
WHEREAS, on or about July 18, 2022, the Court entered a Temporary Order to Seal
Plaintiffs Redacted Amended Verified Complaint and Jury Demand filed on July 6, 2022; and
WHEREAS, on or about July 19, 2022, the Court issued a TEXT ORDER [ECF No. 17]
directing the parties to submit a proposed stipulation by 7/22/2022 remanding this matter to State
Court in light of the District Court’s lack of subject matter jurisdiction. The Court further advised
that due to the lack of subject matter jurisdiction, any further sealing issues should be addressed in
the State Court following remand; and for good cause shown
ITIS on this 2nd_ day of August 5 2022;
ORDERED that this matter, including the court’s file and Redacted Amended Verified
Complaint filed on July 15, 2022 [ECF No. 14], is hereby remanded to the Superior Court of New
Jersey, Passaic County, without attorneys’ fees and costs awarded to either party.
SO ORDERED:
i
Dated: Futy——,2022-
August 2, 2022 . Free SRLS, USD.J.
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Case 2:22-cv-02912-ES-CLW Document 22 Filed 08/02/22 Page 4 of 4 PagelD: 817
AGREED AND CONSENTED TO AS TO FORM AND SUBSTANCE:
CALCAGNI & KANEFSKY LLP
/s/ Tomas Espinosa
BIRT
Tomas Espinosa, Esq. David V. Calviello, Esq.
8324 Kennedy Blvd. 2™ Floor One Newark Center
North Bergen, New Jersey 07047 1085 Raymond Boulevard - Floor 14
(T): (201) 223-1803 Newark, New Jersey 07102
(E): te@lawespinosa.com (T): (862) 397-1796
@): dcalviello@ck-litigation.com
LAW OFFICE OF YASMIN
ESTRELLA, LLC
K ALinin nw (ticle
Yasmin Estrella, Esq.
Lisp jl
Niko J. Rydelek, Esq.
8512 Kennedy Blvd. Suite One One Newark Center
North Bergen, New Jersey 07047 1085 Raymond Boulevard - Floor 14
(1): (201) 681-2753 Newark, New Jersey 07102
(E): vestrellaesg@gmail.com (T): (862) 397-1796
(E): nrvdelek@ck-litigation.com
Attorneys for Plaintiff Attorneys for Defendants City of Union of
Juan Estrella City, Brian P. Stack, Nichelle Luster, and
Union City Police Department
| HEREBY CERTIFY that the above and
foregoing is a true and correct copy of
the original on file in my office.
ATTEST
WILLIAM T. WALSH, Clerk
United States District Court
District of New Jersey <
sD?
By:
lek
Preview
PAS-L-000983-22 08/05/2022 Pglof5 Trans ID: LCV20223087375 Case 2:22-cv-02912-ES-CLW Document 23 Filed 08/02/22 Page 1 of 1 PagelD: 818 UNITED STATES DISTRICT COURT for the District of New Jersey [LIVE] Newark, NJ JUAN ESTRELLA Plaintiff, Vv. Case No.: 2:22—cv—02912—ES—CLW CITY OF UNION CITY, et al. Defendant. RECHIVED & FILED Superior Court of New Jersey Clerk, Superior Court of New Jersey AUG 05 2022 Passaic County Courthouse 77 Hamilton Street PASSAIC COUNTY Paterson, NJ 07505-2017 State No: PAS—L-00983-22 Dear Clerk of Court: Enclosed please find a certified copy of the Order remanding the above entitled matter to your Court. Very truly yours, William T. Walsh, Clerk By Deputy Clerk, mxw encl. cc: All Counsel PAS-L-000983-22 08/05/2022 Pg2of5 Trans ID: LCV20223087375 Case 2:22-cv-02912-ES-CLW Document 22 Filed 08/02/22 Page 1 of 4 PagelD: 814 David V. Calviello, Esq. (No. 010141997) Niko J. Rydelek, Esq. (No. 202162017) CALCAGNI & KANEFSKY, LLP One Newark Center 1085 Raymond Boulevard - Floor 14 Newark, New Jersey 07102 (1): (862) 397-1796 (B): dealviello@ck-litigation.com (E): nrvdelek@ck-litigation.com Attorneys for Defendants City of Union of City, Brian P. Stack, Nichelle Luster, and Union City Police Department UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Juan Estrella, Case No.: 2:22-cv-2912-ES-CLW Plaintiff, Civil Action vs. STIPULATION OF REMAND TO THE SUPERIOR COURT OF NEW JERSEY City of Union City, Brian P. Stack individually and as Mayor of the City of Union City, Nichelle Luster individual capacity and as Chief of Police of the City of Union City, Union City Police Department, Defendants. THIS MATTER having been opened to the Court on the application of Plaintiff and Defendants for a stipulation to remand Plaintiffs Redacted Amended Verified Complaint and Jury Demand, filed on July 15, 2022 [ECF No. 14], to the Superior Court of New Jersey, Passaic County; and WHEREAS, on or about, April 20, 2022, Plaintiff commenced this action against Defendants by filing a Complaint in the Superior Court of New Jersey, Passaic County, PAS- L- 000983-22 (hereinafter “State Court Action”); and PAS-L-000983-22 08/05/2022 Pg3of5 Trans ID: LCV20223087375 Case 2:22-cv-02912-ES-CLW Document 22 Filed 08/02/22 Page 2 of 4 PagelD: 815 WHEREAS, on or about May 19, 2022, Defendants removed the State Court Action to the United States District Court for the District of New Jersey due to the federal claims contained therein; and WHEREAS, on or about June 17, 2022, Plaintiff filed a motion for leave to amend the complaint and to remand the case to the State of New Jersey, Superior Court, Passaic County, eliminating the federal claims and causes of action, and including a Proposed Amended Complaint and Jury Demand; and WHEREAS, on or about June 22, 2022, Defendants filed an emergent application to seal and/or redact Plaintiff's Proposed Amended Complaint and Jury Demand [ECF No. 10]; and WHEREAS, on or about June 22, 2022, the Court denied Defendants’ motion for an order to seal Plaintiff's Proposed Amended Complaint and Jury Demand and entered its own initiated Temporary Order to Seal Plaintiff's Proposed Amended Complaint and Jury Demand leaving the motion as moot; and WHEREAS, on or about June 23, 2022, the parties participated in a conference with the Court resulting in a Text Order [ECF No. 12], issued that same day, setting forth procedures to remand the case to State Court; and WHEREAS, on or about July 6, 2022, Plaintiff filed a Redacted Amended Verified Complaint and Jury Demand with this court; and WHEREAS, Plaintiff and Defendants acknowledge that the Redacted Amended Verified Complaint and Jury Demand filed on July 6, 2022, does not allege a cause of action or claims arising under federal law, or otherwise seek relief pursuant to federal law, specifically claims under Title VII ofthe Civil Rights Act of 1964 and 42 U.S.C. § 1983; and PAS-L-000983-22 08/05/2022 Pg4of5 Trans ID: LCV20223087375 Case 2:22-cv-02912-ES-CLW Document 22 Filed 08/2/22 Page 3 of 4 PagelD: 818 WHEREAS, Plaintiff and Defendants agree that Plaintiff will not raise federal claims once the matter is remanded to State Court; and WHEREAS, on or about July 12, 2022, the parties met and conferred regarding the Redacted Amended Verified Complaint and Jury Demand filed on July 6, 2022, and agreed to consider further redactions to the Redacted Amended Verified Complaint and Jury Demand; and WHEREAS, on or about July 15, 2022, the Plaintiff filed a mutually accepted Redacted Amended Verified Complaint and Jury Demand [ECF No. 14]; and WHEREAS, on or about July 15, 2022, Defendants filed an application with this court to seal and/or redact Plaintiff's Redacted Amended Verified Complaint filed on July 6, 2022; and WHEREAS, on or about July 18, 2022, the Court entered a Temporary Order to Seal Plaintiffs Redacted Amended Verified Complaint and Jury Demand filed on July 6, 2022; and WHEREAS, on or about July 19, 2022, the Court issued a TEXT ORDER [ECF No. 17] directing the parties to submit a proposed stipulation by 7/22/2022 remanding this matter to State Court in light of the District Court’s lack of subject matter jurisdiction. The Court further advised that due to the lack of subject matter jurisdiction, any further sealing issues should be addressed in the State Court following remand; and for good cause shown ITIS on this 2nd_ day of August 5 2022; ORDERED that this matter, including the court’s file and Redacted Amended Verified Complaint filed on July 15, 2022 [ECF No. 14], is hereby remanded to the Superior Court of New Jersey, Passaic County, without attorneys’ fees and costs awarded to either party. SO ORDERED: i Dated: Futy——,2022- August 2, 2022 . Free SRLS, USD.J. PAS-L-000983-22 08/05/2022 Pg5of5 Trans ID: LCV20223087375 Case 2:22-cv-02912-ES-CLW Document 22 Filed 08/02/22 Page 4 of 4 PagelD: 817 AGREED AND CONSENTED TO AS TO FORM AND SUBSTANCE: CALCAGNI & KANEFSKY LLP /s/ Tomas Espinosa BIRT Tomas Espinosa, Esq. David V. Calviello, Esq. 8324 Kennedy Blvd. 2™ Floor One Newark Center North Bergen, New Jersey 07047 1085 Raymond Boulevard - Floor 14 (T): (201) 223-1803 Newark, New Jersey 07102 (E): te@lawespinosa.com (T): (862) 397-1796 @): dcalviello@ck-litigation.com LAW OFFICE OF YASMIN ESTRELLA, LLC K ALinin nw (ticle Yasmin Estrella, Esq. Lisp jl Niko J. Rydelek, Esq. 8512 Kennedy Blvd. Suite One One Newark Center North Bergen, New Jersey 07047 1085 Raymond Boulevard - Floor 14 (1): (201) 681-2753 Newark, New Jersey 07102 (E): vestrellaesg@gmail.com (T): (862) 397-1796 (E): nrvdelek@ck-litigation.com Attorneys for Plaintiff Attorneys for Defendants City of Union of Juan Estrella City, Brian P. Stack, Nichelle Luster, and Union City Police Department | HEREBY CERTIFY that the above and foregoing is a true and correct copy of the original on file in my office. ATTEST WILLIAM T. WALSH, Clerk United States District Court District of New Jersey < sD? By: lek